[Code of Federal Regulations]
[Title 7, Volume 8]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR905.52]

[Page 49-50]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and 
      Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE
 
PART 905_ORANGES, GRAPEFRUIT, TANGERINES, AND TANGELOS GROWN IN FLORIDA
--Table of Contents
 
                    Subpart_Order Regulating Handling
 
Sec. 905.52  Issuance of regulations.

    (a) Whenever the Secretary shall find from the recommendations and 
reports of the committee, or from other available information, that to 
limit the shipment of any variety would tend to effectuate the declared 
policy of the act, he shall so limit the shipment of such variety during 
a specified period or periods. Such regulations may:
    (1) Limit the shipments of any grade or size, or both, of any 
variety, in any manner as may be prescribed, and any such limitation may 
provide that shipments of any variety grown in Regulation Area II shall 
be limited to grades and sizes different from the grade and size 
limitations applicable to shipments of the same varieties grown in 
Regulation Area I: Provided, That

[[Page 50]]

whenever any such grade or size limitation restricts the shipment of a 
portion of a specified grade or size of a variety the quantity of such 
grade or size that may be shipped by a handler during a particular week 
shall be established as a percentage of the total shipments of such 
variety by such handler in such prior period established by the 
committee with the approval of the Secretary, in which he shipped such 
variety.
    (2) Limit the shipment of any variety by establishing and 
maintaining, only in terms of grades or sizes, or both, minimum 
standards of quality and maturity;
    (3) Limit the shipment of the total quantity of any variety by 
prohibiting the shipment thereof: Provided, that no such prohibition 
shall apply to exports or be effective during any fiscal period with 
respect to any variety other than for one period not exceeding five days 
during the week in which Thanksgiving Day occurs, and for not more than 
two periods not exceeding a total of 14 days during the period December 
20 to January 20, both dates inclusive.
    (4) Provide that exports of any variety shall be limited to grades 
and sizes different from the grade and size limitations applicable to 
shipments of such variety in the 48 contiguous States and the District 
of Columbia of the United States, and specify condition requirements for 
such variety; and
    (5) Fix the size, capacity, weight, dimensions, marking, or pack of 
the container or containers which may be used in the shipment of fruit 
for export: Provided, that such regulation shall not authorize the use 
of any container which is prohibited for use for fruit under the 
provisions of Chapter 601 of the Florida Statutes and regulations 
effective thereunder.
    (b) Prior to the beginning of any such regulations, the Secretary 
shall notify the committee of the regulation issued by him, and the 
committee shall notify all handlers by mailing a copy thereof to each 
handler who has filed his address with said committee for this purpose.
    (c) Whenever the Secretary finds from the recommendations and 
reports of the committee, or from other available information, that a 
regulation should be modified, suspended, or terminated with respect to 
any or all shipments of fruit in order to effectuate the declared policy 
of the act, he shall so modify, suspend, or terminate such regulation. 
If the Secretary finds that a regulation obstructs or does not tend to 
effectuate the declared policy of the act, he shall suspend or terminate 
such regulation. On the same basis, and in like manner, the Secretary 
may terminate any such modification or suspension.
    (d) Whenever any variety is regulated pursuant to paragraph (a)(3) 
of this section, no such regulation shall be deemed to limit the right 
of any person to sell, contract to sell, or export such variety but no 
handler shall otherwise ship any fruit of such variety which was 
prepared for market during the effective period of such regulation.

[22 FR 10734, Dec. 27, 1957. Redesignated at 26 FR 12751, Dec. 30, 1961, 
and amended at 34 FR 12427, July 30, 1969; 42 FR 59370, Nov. 17, 1977; 
54 FR 37292, Sept. 8, 1989]